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(영문) 서울중앙지방법원 2016.08.12 2015가단5236267

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 88,105,116 and KRW 47,783,532 from July 7, 2015 to July 2015.

Reasons

1. The following facts may be acknowledged as either in dispute between the parties, or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 3.

On May 26, 2009, the Plaintiff loaned KRW 100,000,00 for small and medium enterprise loans to Defendant A Co., Ltd. (hereinafter “Defendant Company”), and on the same day, Defendant B guaranteed the above loans to the Plaintiff.

B. The Defendant Company lost its interest by failing to pay the agreed interest on the due date, and in the case of a general account as determined by the Plaintiff, the overdue interest rate is 11% per annum.

C. As of July 6, 2015, the amount to be paid by the Defendant Company to the Plaintiff as of July 6, 2015 is KRW 88,105,116, including the balance of the loan, KRW 47,783,532, and delay damages, KRW 40,321,584.

2. Determination:

A. According to the facts of recognition as to the Plaintiff’s claim, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 88,105,116 and the balance of loans 47,783,532, the following day from July 7, 2015 to July 30, 2015, the overdue interest rate of 11% per annum from the following day to July 30, 2015, and the statutory interest rate of the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015). The Defendants are obligated to pay damages for delay at the rate of 15% per annum from the following day to the date of full payment.

B. As to Defendant B’s assertion, Defendant B’s lawsuit was filed for three years on July 10, 2007 due to Defendant B’s failure to receive the subcontracted C Corporation construction cost from a limited partnership company name-to-be, but KRW 1.5 billion was paid, but the Defendant Company discontinued its business, as it was unable to repay the Defendant Company’s operating fund with the money.